[2023] KEELC 15803 (KLR)
The court determined that the dispute involves charges and mortgages, which, according to binding precedent from the Court of Appeal, fall within the jurisdiction of the High Court and not the Environment and Land Court. The parties failed to comply with the court's directions to file written submissions on the...
Source-derived case information.
- Citation
- [2023] KEELC 15803 (KLR)
- Parties
- Plaintiff: Stephen Maina Muchori; Plaintiff: Catherine Machira; Plaintiff: Paul Kimata; Plaintiff: Inno Odira; Plaintiff: Elizabeth Wangeci; Plaintiff: Thamani Mwanudu; Plaintiff: Zawadi N. Wesonga; Plaintiff: Solomon Kahoro; Plaintiff: Peterson Mwai; Plaintiff: Bedan M Kariuki; Plaintiff: Alvin Ndutha; Plaintiff: Winnie Wagithi Mwai; Plaintiff: Peter Waithaka Kihara; Plaintiff: Richard Were; Plaintiff: John Muchiri Njogu; Plaintiff: Nala Investment Group; Plaintiff: John Kimani; Plaintiff: Devis Ongubo; Plaintiff: Teresiah Thuo; Plaintiff: Marystella Njeri; Plaintiff: Newton Mwangi; Plaintiff: Edward Opil; Plaintiff: Ellyn Nyambura; Plaintiff: Gilbert Ng’etich; Plaintiff: Ricky Mbogo; Plaintiff: Peris Waitherero; Plaintiff: Sellah Muyala; Plaintiff: Arthur Kinyanjui; Plaintiff: Ricky Mbogo Muriithi; Defendant: NCBA Bank Kenya PLC; Defendant: Yes Housing Sacco
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E112 of 2022
- Procedural Posture
- Environment and Land Case / Directions
- Outcome
- Transferred to High Court Kiambu for hearing and determination.
- Judges
- JG Kemei
- Legal Topics
- Jurisdiction of Court, Statutory Power of Sale, Transfer of Suit, Mortgage and Charge Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Maina Muchori
Plaintiff
Catherine Machira
Plaintiff
Paul Kimata
Plaintiff
Inno Odira
Plaintiff
Elizabeth Wangeci
Plaintiff
Thamani Mwanudu
Plaintiff
Zawadi N. Wesonga
Plaintiff
Solomon Kahoro
Plaintiff
Peterson Mwai
Plaintiff
Bedan M Kariuki
Plaintiff
Alvin Ndutha
Plaintiff
Winnie Wagithi Mwai
Plaintiff
Peter Waithaka Kihara
Plaintiff
Richard Were
Plaintiff
John Muchiri Njogu
Plaintiff
Nala Investment Group
Plaintiff
John Kimani
Plaintiff
Devis Ongubo
Plaintiff
Teresiah Thuo
Plaintiff
Marystella Njeri
Plaintiff
Newton Mwangi
Plaintiff
Edward Opil
Plaintiff
Ellyn Nyambura
Plaintiff
Gilbert Ng’etich
Plaintiff
Ricky Mbogo
Plaintiff
Peris Waitherero
Plaintiff
Sellah Muyala
Plaintiff
Arthur Kinyanjui
Plaintiff
Ricky Mbogo Muriithi
Plaintiff
NCBA Bank Kenya PLC
Defendant
Yes Housing Sacco
Defendant
Procedural Posture
Environment and Land Case / Directions
Legal Issues
- 1 Whether the Environment and Land Court has jurisdiction to hear and determine disputes relating to charges and mortgages under the Land Act, 2012.
- 2 Whether the matter should be transferred to the High Court for hearing and determination.
Ratio Decidendi
The court determined that the dispute involves charges and mortgages, which, according to binding precedent from the Court of Appeal, fall within the jurisdiction of the High Court and not the Environment and Land Court. The parties failed to comply with the court's directions to file written submissions on the issue of jurisdiction. Upon perusal of the pleadings and the nature of the dispute, the court found it appropriate to transfer the file to the High Court at Kiambu for hearing and determination, as it lacks jurisdiction to entertain the matter.
Court Disposition
Transferred to High Court Kiambu for hearing and determination.
Orders
- The file is transferred to the High Court Kiambu for hearing and determination.
Full Case Text
Judgment text and source record
78 paragraphs
Muchori & 29 others v NCBA Bank Kenya PLC & another (Environment & Land Case E112 of 2022) [2023] KEELC 15803 (KLR) (23 February 2023) (Directions)
Neutral citation: [2023] KEELC 15803 (KLR)
Republic of Kenya
In the Environment and Land Court at Thika
Environment & Land Case E112 of 2022
JG Kemei, J
February 23, 2023
IN THE MATTER OF LAND REFERENCE NO 10823/5793 (Original No 10823/53/1 AT JUJA AND IN THE MATTER OF STATUTORY NOTICE ATO SELL UNDER SECTION 96(2) OF THE LAND ACT, 2012 IN RESPECT OF REPLACEMENT LEGAL CHARGE OVER LAND REFERENCE ORIGINAL NUMBER 10823/5793 IN THE NAME OF YES HOUSING, CO-OPERATIVE SOCIETY LIMITED (BORROWER) DATED 24TH AUGUST, 2022
Between
Stephen Maina Muchori
1st Plaintiff
Catherine Machira
2nd Plaintiff
Paul Kimata
3rd Plaintiff
Inno Odira
4th Plaintiff
Elizabeth Wangeci
5th Plaintiff
Thamani Mwanudu
6th Plaintiff
Zawadi N. Wesonga
7th Plaintiff
Solomon Kahoro
8th Plaintiff
Peterson Mwai
9th Plaintiff
Bedan M Kariuki
10th Plaintiff
Alvin Ndutha
11th Plaintiff
Winnie Wagithi Mwai
12th Plaintiff
Peter Waithaka Kihara
13th Plaintiff
Richard Were
14th Plaintiff
John Muchiri Njogu
15th Plaintiff
Nala Investment Group
16th Plaintiff
John Kimani
17th Plaintiff
Devis Ongubo
18th Plaintiff
Teresiah Thuo
19th Plaintiff
Marystella Njeri
20th Plaintiff
Newton Mwangi
21st Plaintiff
Edward Opil
22nd Plaintiff
Ellyn Nyambura
23rd Plaintiff
Gilbert Ng’etich
24th Plaintiff
Ricky Mbogo
25th Plaintiff
Peris Waitherero
26th Plaintiff
Sellah Muyala
27th Plaintiff
Gilbert Ng’etich
28th Plaintiff
Arthur Kinyanjui
29th Plaintiff
Ricky Mbogo Muriithi
30th Plaintiff
and
NCBA Bank Kenya PLC
1st Defendant
Yes Housing Sacco
2nd Defendant
Directions
1. This matter came up on the October 19, 2022 when the court directed the parties to address it on the issue of Jurisdiction. The parties elected to file written submissions.
2. I note from the record that the parties failed to comply with the directions of the court nor file written submissions. On perusal of the matter, I note that it involves charges and mortgages and going by the court of Appeal decision in Co-operative Bank of Kenya Limitedvs.Patrick Kangethe Njuguna & 5others[2017]eKLR. I direct that the file be transferred to the High Court Kiambu for hearing and determination.
DELIVERED, DATED AND SIGNED AT THIKA THIS 23RDDAY OF FEBRUARY, 2023 VIA MICROSOFT TEAMS.J G KEMEIJUDGEDelivered online in the presence of;Mogaka for 1st – 30th Plaintiffs/ApplicantsKiprotich HB Ms. Kiima for 1st Defendant/Respondent2nd Defendant/Respondent – AbsentCourt Assistants – Esther / Kevin